96-079 RESOLUTION NO. 96R- 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 91R-173 WHICH
ESTABLISHED A RETIREMENT PLAN FOR PART-TIME,
TEMPORARY, AND SEASONAL EMPLOYEES
WHEREAS, the City Treasurer and the Human Resources Director have jointly
recommended in a staff report dated May 14, 1996, that Resolution No. 91R-173 be
amended in the manner hereinafter set forth, effective May 10, 1996; and
WHEREAS, as a result thereof, the need exists to amend Resolution No.
91R-173 which established a retirement plan (City of Anaheim Deferred Compensation
Plan for Employees Not Covered by CALPERS, hereinafter called "PLAN") for part-
time, temporary, and seasonal employees in compliance with Section 3121(b)(7)(F) of
the Internal Revenue Code; and
WHEREAS, the City Council of the City of Anaheim does find that the
aforementioned amendment is in the best interest of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Sections 4.1, 4.2, 4.3 and 11.2 of the PLAN be amended to read as
follows:
"4.1 Each Eligible Employee shall have up to 7.5% of his
Compensation earned as an Eligible Employee withheld by the Employer
as a Participant Contribution under this Plan. Notwithstanding the
preceding, the Employer and the Eligible Employee mutually acknowledge
that unless indicated otherwise in the salary resolution or personnel
ordinance or policies of the Employer, the salary or wage of the Eligible
Employee includes the Participant Contributions made under this Plan.
As soon as practicable after the deduction from the Compensation of the
Eligible Employee, the Employer shall pay all Participant Contributions to
the fund or funds established pursuant to Section 6 of the Plan."
"4.2 On behalf of each Eligible Employee that has Participant
Contributions deducted from his Compensation pursuant to Section
Paragraph 4.1, the Employer shall pay to the fund or funds established in
accordance with Section 6 of the Plan, any Employer Contribution
required under the terms of any collective bargaining agreement or City
Council Resolution. Payment of Employer Contributions shall be made
concurrently with the payment of the Participant Contributions."
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"4.3 The Employer may change percentages of Compensation to
be contributed as Participant Contributions or Employer Contributions to
greater or lesser percentages by amending this Plan in accordance with
Section 15. In addition, such percentages may be changed to comply
with the terms of any collective bargaining agreement pursuant to which
Employees participate in this Plan. Any percentage changes in the
amount of Participant Contributions hereunder shall be effective only with
respect to Compensation earned after the adoption date of the Plan
amendment relating thereto or, if applicable and later, the ratification date
of the collective bargaining agreement relating thereto. In no event shall
the combined Participant Contributions and Employer Contributions total
less than 7.5% of an Eligible Employee's Compensation earned."
"11.2 If a Participant fails to make a timely election of a payment
option, a lump sum payment shall be made immediately."
BE IT FURTHER RESOLVED that the effective date of said amendment to
Resolution 91R-173 is May 10, 1996.
AND BE IT FURTHER RESOLVED that, except as amended herein, Resolution
91R-173 shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 21s~. day of May, 1996.
ATTEST:
~-~,~.CITY CLERK OF THE OF ANAHEIM
APPROVED AS TO FORM:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 96R-79 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 21st day of May, 1996, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCiL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-79 on
the 21st day of May, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 21st day of May, 1996.
a~,CITY CLERK OF THE OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
odginal of Resolution No. 95R-79 was duly passed and adopted by the City Council of the City of
Anaheim on May 21st, 1996.
~,z~,CITY CLERK OF THE ~ OF ANAHEIM